The Pink Flamingo :: Excerpts from My Book Travesty - Wyatt Earp, Cochise County & Corruption in Arizona

I am offering a little bonus for all my Pink Flamingo readers today. You will find two original essays that appear in my book TRAVESTY: Frank Waters' Anti-Earp Agenda Exposed. All material is copyright 2006, SJ Reidhead and cannot be used or excerpted without my written permission. You may link to this post if you credit SJ Reidhead, TRAVESTY: and link to Wyatt Earp Books

The Gunfight at the OK Corral took place on October 26, 1881 at approximately 2:30PM. It was very much a Democrat v. Republican thing. The Earps were Republicans.

NOTE: The footnotes are not holding up, so the large numbers beside the text are the footnotes, which appear at the end of each section in red. The excerpts come from a draft copy and not the final draft copy so the numbers may not be the same in the published version.

NOTES
Why?

Some scholars consider the events that occurred in Tombstone to be part of the ‘western civil war of incorporation.’1080 It pitted resistant Indians against political and military forces that concentrated them on reservations. It also impinged economically and culturally on the traditional life ways and livelihoods of the Hispanic culture of the Southwest. Farm and range country was incessantly rocked by land wars. In mines, mills, and logging camps, employees resisted corporate industrialists, striking, often with violent results.1081

Richard Maxwell Brown, writing in the Oxford History of the American West, writes that the gunfighters of the Wild West were at the forefront of this upheaval. On one side were the outlaws: Jesse James, John Wesley Hardin, Billy the Kid, Johnny Ringo, and Curly Bill Brocius. “In the range country and boomtowns of the pastoral and mining West, gunmen were the shock troops in the Western Civil War of Incorporation. On one side of this interregional war were the conservative incarnation gunfighters … whose ranks included Hickok, Earp, and Masterson.”1082

Brown writes, “Wyatt Earp and his brother, Virgil … were a crucial bloc in the Cochise County conflict. The modernizing Tombstone elite turned to the gun handling talents of Wyatt and Virgil (and their brothers) in an attempt to end the killings in Tombstone and play down the city’s anarchic ‘man for breakfast’ image. In turning to the Earps, and their gun-fighting colleague, Doc Holliday, the Republican elite hoped to stabilize life in turbulent Tombstone and convince California and eastern investors that the boomtown was a safe field for profitable investments. In contrast to the Earps, the small ranching and rustling families of the Clantons and the McLaurys, along with their cowboy-outlaw allies, were violent protagonists for the unincorporated, pre-modern, traditional values of the rural cowboy coalition … . Strong Republicans of an Illinois-Iowa family of Civil War-era unionists, the Earp brothers were right at home on the side of Tombstone’s urban elite for Wyatt, Virgil, and their brothers were enthusiastic and profitable investors and speculators in Tombstone-area mine and real estate property … The gun-power of the Earps won a notable victory … for their success was to defeat and break up the cowboy-rustler-outlaw faction headed by the Clantons, McLaurys, Brocius, and Ringo.”1083

Unfortunately, there is more to the story than that.

Earlier in this book, the corrupt state of affairs in the Arizona Territory were discussed.1084 Add to this corruption a state of lawlessness that existed along the border— lawlessness caused by cattle rustling and general robbery and mayhem. Allow the addition of the outlaws who had been pushed from Texas into New Mexico and it becomes a potentially explosive situation.

There are some absolutely critical aspects of the Tombstone story that are rarely addressed, and they need to be. Much more was at stake than just a few stolen cows, a handful of robbed stages, and the pumped up testosterone of a few Cowboys and lawmen.

It was all about the money, nothing more, nothing less.

There are several different estimates of the amount of ore that came out of Tombstone. Most of it came out during a five-to-seven year period from 1879-86. A conservative estimate is that approximately forty million dollars worth of ore was mined, with nearly twenty million coming out during those first seven years.1085 While it wasn’t the eighty-five million some claim it was, it was still a huge amount of money.

Wells Fargo had the contract with the federal government to insure safe passage of those minerals, in the form of bullion, to the United States mints. Wells Fargo worked directly with the Secret Service, whose job it was to insure the integrity of the currency of the United States. 1086 They were not going to hire anyone who did not pass a background security investigation. In 1879 they may not have been as thorough as they are today, but people were still investigated. It was inevitable that the activities of the outlaws, which previously had been in the cattle-rustling venue, would soon include highway robbery. The bullion shipments of Wells, Fargo were a natural target.

By the fall of 1881, things were at a boiling point. Officials in Mexico were so frustrated with the Cowboy infractions into their territory, they were posturing, threatening to invade Arizona if American authorities couldn’t solve the problem.1087 The number of stage robberies was increasing. Personal conflict between the Earps and the Cowboy faction, via Johnny Behan, was escalating by the hour. The incident at the OK Corral was inevitable. Whoever controlled Cochise County controlled amazing wealth. Don’t ever think the confluence of events of the fall and winter of 1881-82 was coincidental.
Frank Waters’ greatest failure was inability to comprehend this situation. His failure is compounded if he simply refused to comprehend the situation because it did not fit his own personal bias. Here was a man who had the opportunity to write the life story of the wife of an American legend. He squandered it on an illogical and personal vendetta.

1080 As detailed by Richard Maxwell Brown, Oxford History of the American West, pp 397-98.

1081 Brown, pp. 397-98.

1082 Ibid., p. 398.

1083 Brown, pp. 409-11.

1084 Casey Tefertiller touches on the situation on p. 106 of his excellent biography of Wyatt Earp.

1085 Devere, p. 315.
1086 “At the close of the Civil War, between one-third and one-half of all U.S. paper currency in circulation was counterfeit. On July 5, 1865, the Secret Service was created as a bureau under the Department of the Treasury to combat this threat to the nation’s economy. “ http://www.secretservice.gov/history_beginnings.shtml “Secret Service responsibilities were broadened to include “detecting persons perpetrating frauds against the government.” This appropriation resulted in investigations into the Ku Klux Klan, non-conforming distillers, smugglers, mail robbers, land frauds, and a number of other infractions against the federal laws.” http://www.secretservice.gov/history.shtml

1087 The incursion and murders of Old Man Clanton, and others in Guadalupe Canyon on 13 Aug 1881 was, perpetrated by Mexican Federales in retaliation for a Cowboy attack on a Mexican caravan a few weeks earlier.

THE POLITICAL SITUATION
The Political Situation

In Part Three, Chapter Five of The Earp Brothers of Tombstone, Waters makes thefollowing statement, “All too shortly, suspiciously shortly, Shibell suddenly dismissed Wyatt and appointed John H. Behan”821. The implications are that Wyatt Earp had done something wrong. Wyatt Earp, a Republican, made the mistake of openly supporting the Republican candidate for sheriff,822

To understand the situation in Tombstone, the story of Earp vs. Behan, one must have a basic understanding of party politics in Arizona.823 (paragraph continued on next page) In the fall of 1878, newly appointed Governor, John C. Fremont arrived in Prescott. The first Republican candidate for President of the United States, Fremont was a celebrated author, his work ghost-penned by his wife, Jesse Benton Fremont. He was also a renowned explorer and famed as the ‘Pathfinder’ (thanks to Kit Carson). Fremont was, in short, a celebrity. Fremont had two goals in life. First, he wanted to be rich. Secondly, and almost as importantly, he wanted to be famous enough to secure his legacy to future generations. Positive he could make a fortune in Arizona, Fremont persuaded President Rutherford B. Hayes, to appoint him governor.824

   At that time, Pima County was huge, stretching from above Tucson to the Mexican border, from New Mexico to California. When Sheriff Charley Shibell established on 27 July 1880 what would today be known as a substation in Tombstone, he hired Wyatt Earp to be his deputy in Tombstone.5 A few months later, in September, John Behan arrived in Tombstone.825

   On 2 October 1879 the Tombstone Daily Nugget became the first newspaper in Tombstone. Democratic in its outlook, it was edited and eventually purchased826 by a Behan friend, and longt Democratic power broker, H. M. Woods in July of 1880.827   John Clum’s very Republican Tombstone Epitaph was born on 1 May 1880.828 Attorney, and former agent for the San Carlos Apache Reservation, Clum absolutely detested the graft and corruption that existed in Arizona, particularly within the Democratic machine.829

   The 1880 election for Sheriff in Pima County was one for the record books.830 By the time it was over the votes were counted and recounted, injunctions filed, charges of corruption verified, counter suits filed, and in court rulings Bob Paul was finally declared the winner.831 Bob Paul, over his boss, who was a Democrat. The Democratic Party ruled Arizona, at that time. Behan was a long time resident of the Arizona Territory and extremely loyal Democrat who had paid his dues. It was a purely political move. Arizona’s political situation was bordering on corruption. The dismissal should have been expected. It was logical, time-honored, payback politics.

   By the time it was over the votes were counted and recounted, injunctions filed, charges of corruption verified, counter suits filed, and in court rulings Bob Paul was finally declared the winner.832

   Wyatt Earp was allowed to resign and . John Behan was given his job.833

   A few months later the County of Cochise was finally created. Both Wyatt Earp and John Behan coveted the job of Sheriff. The job was a position of power, prestige, and was extremely lucrative. In the Arizona Territory, the county sheriff was not only responsible for raising taxes; he also levied them, and kept a percentage of the monies raised. Needless to say, both men were interested in the financial end of it.834

   Wyatt Earp could not possibly have won. Behan was glib, sparkling, well-liked, and a highly personable and consummate politician who knew which palm to grease, which hand to shake, and which baby he should kiss. The moment he and his son Albert arrived in town, he was the social sensation of the season. Everyone liked him. Everyone wanted to be his friend. He knew how to collect people. He knew how to manipulate just the right person. He knew exactly what he wanted, and he knew exactly how to get it. A quiet, serious, taciturn man like Wyatt Earp didn’t stand a chance against him.

   Once again Wyatt Earp lost as the Republican governor appointed a Democrat, John Behan became the first Sheriff of Cochise County.835 Behan had been in Arizona much longer than Earp. He had an established track record in the political system, and may have had another major advantage over Wyatt Earp. According to Behan biographer Bob Alexander,: Governor John C. Fremont may have been a friend of Johnny’s late grandfather.836

   The Democratic machine was big in Cochise County. A staunch Democrat, Milt Joyce had been appointed to the Board of Supervisors. Another Behan crony, John Dunbar, although a Republican,was the new Treasurer. Harry Woods, owner of the Nugget was one of the leading Democrats in the territory. 837 Other Democratic supporters in the newly formed county included John Ringo, the Clanton family, the McLaurys, Curley Bill Brocius, and the Grays. Republicans included the Earps, John Clum, and George Parsons.838

   If the results had not been so tragic, had so many people not lost their lives, the situation could have been a comedy.

822 Whatever accusations have been leveled at Wyatt Earp, the one that is never seen and is never discussed is his gross political ineptitude.   Some of the greatest mistakes Wyatt Earp made in his life were political. He never mastered the art of the political deal. There are several reasons for this. Either he was either totally inept, or he wasn’t crooked enough to make the kind of political deals that kept propelling John Behan onward and upward. There were no subtleties here. I find it perplexing that Wyatt Earp could be a gambler and poker-player but couldn’t pull off a political bluff. The moment he dabbled in politics, he would get himself in trouble. He lost his temper in Wichita, and lost his job. In Dodge City, he couldn’t play the political game with the mayor or city council. In Tombstone he made a complete mess of things, blatantly backing a challenger for the office of the sheriff when he was a deputy.   He allowed himself to be dragged into the same mess trying to make a deal with Ike Clanton. In a political venue like Arizona, Wyatt Earp was a fish out of water. If, as Waters and his other detractors suggest, he was corrupt, he wasn’t corrupt enough.   As it happened, his lack of political sophistication, only caused him to make a mess of things.

823 Over the years, the political situation in Southern Arizona has not been given its due, especially in Cochise County, vis-à-vis the Cowboys, and the Earps vs. Behan. “…throughout the 1860s and 1870s many Americans in Arizona were Southerners and Democrats. Some of them had been 823continued Confederate rebels…rather than shout treason or defend radical principles (there)… began an impressive policy of mollification and compromise….Nearly every territory had a federal non-partisan ring, which practiced the politics of development…..The result was that regular national party names were not used until 1878….In speaking of the Arizona pioneer federal appointees, Charles D. Poston said they were all carpetbaggers, and were the ‘curse of the country.’ Generally speaking, then, they have been described as a parasitic group somewhat like the railroad and industrial robber barons in that their contributions were negative rather than positive.” H. R. Lamar, pp. 188, 192, 206.

824 Hayes initially offered Fremont the territorial governorship of Idaho. Fremont was worried about the climate in Idaho, as his son had tuberculosis, so he requested the Arizona territory instead, hoping the drier air would do some good.   Fremont had a hard time winning Senate confirmation but after months of debate he was confirmed. His new job paid only $217 a year, and Fremont spent an inordinate amount of time away from Arizona trying to improve his finances by soliciting potential investors for personal speculations into mining or cattle. In referring to Governor John C. Fremont, it was written, “…on the face of it he seemed to be the carpetbagger par excellence.” Fremont was one of the true American tragedies. He was a man with extraordinary potential, with exceptional connections through his wife, the daughter of powerful Senator Thomas Hart Benton. Unfortunately, he could never rise above the scandal his mother created by running away from a wealthy and well placed husband and taking up with Fremont’s father. Illegitimate, John C. Fremont spent the rest of his life creating a fantasy father in much the same fashion as did Frank Waters. Roberts, pp. 109-11
He was a failure as a senator, was court-martialed for his role in the capture of California, and failed as a presidential contender and as a Civil War general. It was as if “…he pursued an almost deliberate course towards disaster…” He was “old before his time, tired, and guilty of so much self-deception that Josiah Royce, in his History of California, called him a fraud and a hypocrite.” Every grand scheme he envisioned as Governor of Arizona Territory “was a combination of the grand and the venal.”   Lamar, pp. 200-1; Rolle, p. 248.

825 Wyatt didn’t have exclusive rights to a county law enforcement position in Tombstone. He was teamed with Newton J. Babcock, a fifty-five year old, and Adolph Buttner, a thirty-three year old, both of whom were deputies appointed by Shibell, and were also domiciled in Tombstone. Anderson, p. 269. Young, pp. 8, 18. Gatto, The Real Wyatt Earp, p. 37.

826 Alexander, p. 65.

827 Woods didn’t buy the Nugget in 1880. He was hired as the editor in July 1880. Operating under the business title of “H. M. Woods & Company,” Woods bought the Nugget from Fay in mid-March 1881. Lutrell, p. 56. Tefertiller, p. 81.

828 Ibid., p. 65.

829 Clum, p. 26.

830 Clum labeled the new federal appointees “The Graspers.” Lamar, Carpetbaggers, p. 200. “…Clum, a Republican…resented Fremont’s appointment of a Democrat, …as sheriff of Cochise County.” Rolle, p. 320, n. 17.

831The presidential election of 1880 was very close, with Garfield beating Hancock in the popular vote by less than one-half of one percent, a margin of merely 59 votes in the Electoral College. Pima County’s 1880 vote for sheriff appeared on first count to have been a similar close call, as Shibell defeated Robert Paul by a slim 56 votes out of 3312 cast, or by a 50.8% to 49.2% margin. Paul charged precinct fraud and filed an appeal with the federal district court. Shibell had been a re-elected sheriff for 28 days when Judge Charles French made a decision. On 29 January 1881, he disallowed the results of the San Simon precinct #27 vote, a precinct that listed 103 votes for Shibell and only one for Paul. According to various writers, the number of persons residing with the precinct ranged from ten to fifty individuals. James (Henry) Johnson, who certified the San Simon votes admitted in court that less than 15 persons showed up at the polling booth and of those, only 3 or 4 were eligible to vote. Ike Clanton oversaw the original San Simon count as election inspector, with John Ringo as one of the election judges, both working the precinct booth. It was said Ike’s brother Phin 31continued Clanton also helped with the ballot stuffing. The election of Paul as Pima County sheriff would have adversely affected the cowboys’ way of life, and lead to their sloppy attempt at “rigging” the votes. Additional voting irregularities were said to have occurred in Tombstone and Tres Alamos. Both political parties were blamed.   Judge French also adjusted the counts at those precincts, all of this leading to Paul’s certification as the winner. The Territorial Supreme Court upheld the lower court’s decision on 25 April 1881 Anderson, pp. 272-5. Gatto, pp. 59, 60, 64 n. 12. Johnson, pp. 123-4. Tefertiller, pp. 53-5. Ball, pp. 68-9. Shillingberg, p. 165. Traywick,-1 pp. 53-4.

832 For an explanation of the events of the 1880 county election, consult Tefertiller, pp. 53-6.

833Alexander has an interesting interpretation of events in pp. 67-8 of his Behan biography. Evidently, Wyatt Earp was ‘allowed’ to resign his position to save face. Considering all the deals, double-deals, and backstabbing, this seems a viable explanation. Alexander’s opinion of Wyatt’s resignation is as valid as Tefertiller’s or Chaput’s; however, all three are simply and only opinions. It’s quite possible Wyatt was aware early on, possibly from an unofficial vote count, that Shibell was going to win, and simply did the right thing under the circumstances. “...the ‘preliminary’ count indicated that Charles Shibell had won a third term…by the narrow margin of forty votes.” Gatto, p. 57. A preliminary count isn’t a final count. The final count was certified on 17 November 1880 and showed Shibell had won by 42 votes. Leslie Blackburn was appointed a Tombstone deputy on November 24, probably replacing either Babcock or Buttner. Alexander, pp. 67-8. Anderson, pp. 272, 274. Chaput, p. 77. Tefertiller, p. 54.

834 A frontier sheriff’s primary responsibility was to collect the taxes. Without the income from taxes, his office and other county offices would cease to function. Arizona sheriffs employed deputies who were quite capable of enforcing criminal laws within the county. A sheriff’s main duties were of more a political nature. The selection of trustworthy deputies was the absolute key to a sheriff’s success. “That a sheriff chose to collect taxes rather than perform the chores of a policeman was not uncommon….The joint duties of tax collecting and ‘lawing’ in the parlance of that day extended to deputy sheriffs, who often held simultaneous commissions as deputy tax collectors.” Ball, pp. 24, 35, 50, 180.

835 “the GOP began to campaign for Fremont’s ouster.” Clum, beginning in June 1880 and continuing to October 18, 1881, editorialized against anything Fremont proposed or attempted to accomplish.

836 “There is no evidence, but deserving reasonable consideration did Fremont know of know of John Harris Behan before his appointment as Governor? If Fremont stayed at Westport’s Harris House, as often as reported…he could well have been familiar with Jack’s younger grandson, who had grown into a respected territorial legislator, politician, and by virtue of previous employment a man with proven law enforcement credentials. Could Fremont’s decision to appoint Johnny be based…out of respect to the deceased Jack Harris?” Alexander, p. 75.

837 There are suggestions that Woods and Luther King may have been brothers. Young, p. 135.. If this is the case, it makes the escape of King and Woods’ role in it as a deputy for Behan even more questionable. It would also further explain the Nugget’s editorial slant. Add that Behan also hired Frank Stillwell, and suspicions deepen. Frank Waters ignores these items, and it lends credence to a charge that his reliance on the Nugget is too one-sided. The alleged “brothers” relationship between King and Woods was first peddled by Boyer. It was reported by letter to Karen Tanner on 26 Feb 1996, who noted it in her book on p. 280, n. 43.

838 Don Chaput identifies the sides in “Tombstone,” as follows: (a) “EARPS: townsmen/miners/law & order; Epitaph; Clum/businessmen; Republicans; Midwesterners/Easterners. (b) COWBOYS: Rural, ranchers; Nugget; Behan; Democrats; Southerners/Texas.” Chaput, Virgil Earp, p. 74. It’s fairly simple, using Chaput’s designations, to fit the various protagonists within the Tombstone saga.

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